Interstate water dispute

Published on 07 Jan 2025

Interstate water dispute

Interstate water disputes are one of the most contentious issues in Indian federalism. Article 262 of the constitution the Parliament may by law provide for the adjudication of any interstate water dispute. Using this power, the Parliament passed the River Board Act, 1956 and Inter State Water Dispute Act, 1956 which empowers the central government to create a tribunal based on the demand of the state governments.

Issues associated with Interstate water dispute tribunals

• Delay in resolution: The delay in formation of the tribunal and the delay in giving their verdict exacerbates the disputes and hampers efficient allocation of water resources.

• Example: Request for Godavari water tribunal was given in 1962, set up in 1968 and verdict was given in 1979.

• Lack of technical expertise: The tribunal is composed only of judicial members and lacks the involvement of environmental and engineering experts.

• Example: Mahanadi water dispute involves construction of dam and consideration of coastal ecosystem of Odisha, which calls for the need to have an environmentalist and engineering expert on the body.

• Lack of water data: Lack of properly maintained data affects proper allocation of water resources between the dispute parties. Multiplicity of data makes the situation more complex.

• Inadequate enforcement: The decision of the tribunal may not be followed by the state government and there is no effective mechanism to ensure compliance.

• Example: Tribunal’s interim order to release Cauvery water was not followed by Karnataka government.

• Lack of transparency: There is opacity regarding the institutional frameworks and guidelines that define the proceedings.

• Political interference: Political parties utilize these opportunities to win popular support and extend the conflict without trying to solve it.

• Example: Cauvery water dispute got extended due to politicization associated with the dispute.

How to fix the issue

• Inclusion into interstate council: Bring interstate water dispute under interstate council under Article 263 for a consensus-based decision making.

• Data maintenance and availability: Ensure a unified data centre is maintained which facilitates quick access to reliable water data.

• Follow strict time frame: Tribunals must be formed within a one-year time frame and decisions to be given within three years.

• Make tribunal more inclusive: Involvement of other technicians would make the verdict more inclusive and acceptable.

Tags:
Polity

Keywords:
Interstate water dispute Article 262 Challenges to federalism Inter State Water Dispute Act

Syllabus:
General Studies Paper 2

Topics:
Indian Constitution